Section 5: Enhancing information flow to the Emergency Location Information System

Background

The Emergency Location Information System enables emergency service providers (Fire, Ambulance and Police) to collect and use emergency location information from telecommunications agencies. The information is a crucial component of New Zealand’s emergency response system. For example, it allows emergency services to quickly find the location of someone making a 111 call by locating their mobile phone.

Contractual arrangements for the Emergency Location Information System

The use and disclosure of emergency location information is enabled by the Telecommunications Information Privacy Code 2020. The Code permits telecommunications agencies to provide location information but does not require them to provide it. The information is provided according to contractual arrangements between MBIE and telecommunications agencies, all of whom have willingly entered into these contracts. The TCF has a code that supports the establishment of these contractual arrangements, but compliance with that code is not mandatory.

The contractual arrangements contrast with other overseas jurisdictions (including the USA, the UK, Canada, and EU nations) which have regulations in place to require providers to make location information available for emergency calls where technically feasible. Some overseas jurisdictions also set regulatory requirements for the accuracy and reliability of emergency location information. 

Potential future applications of the Emergency Location Information System

There are some potential changes that could be made to the system that should be outlined for context. The Telecommunications Information Privacy Code 2020 allows for ‘device location information’ to be provided, although this is not happening at present. If enabled, this means emergency service providers could locate a mobile phone even when a 111 call is not in progress. This can only be done to prevent or lessen a serious threat to the life or health of an individual (for example, to locate a missing person).

The future potential use of satellite-to-cell mobile calling services might also support the operation of the Emergency Location Information System. It is unclear at this stage what changes (if any) would need to be made to facilitate location information for these calls.

Problem definition

We understand that the contractual arrangements with mobile network operators and other telecommunications agencies are generally working well. However, given the importance of emergency location information for emergency responses, it may not be sufficient to rely on providers’ willingness to enter into contractual arrangements. Should any current or new telecommunications agency decide not to support the Emergency Location Information System this would jeopardise the provision of the information, slowing emergency response times and potentially putting lives at risk.

Questions for stakeholders

Options

Option 1: Status quo – continuation of voluntary contractual arrangements

Under this option, the Emergency Location Information System and provision of emergency location information would continue to be obtained through voluntary contractual arrangements with telecommunications agencies.

Option 2: Regulating the provision of emergency location information to the Emergency Location Information System in the Act (preferred option)

Under this option, the Act would be amended to require telecommunications agencies to provide location information through the Emergency Location Information System. Any information required would be in line with what is permitted through the Telecommunications Information Privacy Code. This option would seek to formalise the existing arrangements, and allow flexibility to incorporate potential future enhancements as technology and the Emergency Location Information System evolves. Consideration would also be given to including details such as reporting requirements, performance expectations, monitoring, and enforcement for non-compliance.

We are not currently consulting on the detailed requirements of potential obligations, these will be developed separately should this option be progressed.

Benefits

• Ensures the supply of location information.
• Future proofs the provision of emergency location information through the Emergency Location Information System.

Considerations

• Legislative design would need to be carefully considered so as not to reduce flexibility when incorporating new technologies into the market.

Questions for stakeholders

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